Judgment

VENKATACHALIAH, J.:- These appeals by special leave preferred against the judgment dated 10-12-1984 of the High Court of Allahabad in Criminal Appeal No. 14 of 1979 on its file, dismissing the appellants appeal and affirming the conviction under S. 396, I.P.C. and sentence of rigorous imprisonment for ten years dated 22-12-1978 passed against the appellants by the First Additional Sessions Judge, Jaunpur in S.T. No. 168 of 1974, raise the question of correctness of the principles applied to test the identification evidence.

2. On the night between the 3rd and 4th November, 1973, at about 1.30 A.M. there was a dacoity in the house of Gangaram Yadav in Khuthana village in Jaunpur District. Eight to ten persons were alleged to have participated in its commission. Gangaram Yadav was living in the house with his wife Keshri; his son Kamla Prasad (PW 1); his daughters Amrawathi (PW 2) and Chandravathi (PW 4); his father Mathura Yadav and his brother Rajdeo. That day Gangaram Yadav and one Sunder were sleeping in the Bythak of the house, while Mathura Yadav and Kamla were sleeping in another portion of the house. Gangarams wife and daughters were asleep in an adjacent new construct